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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the properties of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Product sold in a different identifiable account as the helpful home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Goods become components connected to the premises of the Purchaser or a third party, and if the Seller gets in those facilities for the function of recovering possession of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Pearsall Western Australia.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is only valid for flaws or failure under proper use and which arise solely from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and indicated service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its workers, servants or representatives to the Buyer relating to the Product, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Goods or obtaining comparable Goods; (d) the payment of the expense of having the Goods repaired (Personal Trainer in The Vines Western Australia).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, rate lists and other advertising matter, are planned merely to offer an indication of the goods described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it needs to not be ruined obliterated or removed from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in Woodvale .

If the Seller has followed a design or directions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Lansdale . Unless defined in other places it is the purchaser's obligation to get any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the very same is avoided, frustrated or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, financing change declaration, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Item that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.